Gorbanwand, Abas

Applicant and defendant executed a Compromise and Release on March 21, 2024, settling a January 13, 2017 back and neck injury claim for a gross sum of $110,000. The C&R stated $17,689.48 was to be deducted for permanent disability advances 'through DATE OF ORDER APPROVING,' but defendant later paid the Order taking credit for $24,834.88, claiming additional PD advances were made during the four-month gap between drafting and signing. The WCJ found the Board lacked jurisdiction to set aside the Order based on mutual mistake under Labor Code section 5804 (injury was 2017, petition filed 2024) and ruled the proper PD advance credit was limited to the $17,689.48 expressly stated in the C&R. The Appeals Board denied reconsideration, adopting the WCJ's Report and applying contract principles, noting defendant drafted the agreement and had the opportunity to correct it before execution.